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(영문) 대전지방법원 서산지원 2015.07.16 2015고단305
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of XG because he/she is franchise.

On February 14, 2015, at the night 01:40 on the 01st 0th 01:40, the Defendant proceeded to the speed of about 50 km each hour from the IC on the national highways to the 32nd eth eth eth eth eth eth eth eth eth f.

Since there is a sign to prohibit the right of way, there was a duty of care to prevent accidents in advance by driving safely according to the traffic sign to those engaged in driving service.

Nevertheless, the Defendant neglected this and went through the road by moving to the above intersection by moving to the right side of the right side of the victim E(the 31-year-old driver) who is the front part of the F-si driving under the new subparagraph from the right side of the course to the left side of the road, and obtained a pedestrian signal pole, which is the victim-led watcher installed in India as the front part of the above vehicle, due to its shock.

Ultimately, the Defendant suffered injury to the victim E by negligence in the course of performing such occupational duties as above, and at the same time destroyed the above taxi owned by the victim large-scale taxi to the extent equivalent to KRW 9,098,548, such as the exchange of front-time drivers, and escaped without taking necessary measures as a driver, such as destroying the above signal apparatus to the extent that the repair cost of KRW 2,658,000 is equivalent to KRW 2,658,000, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and the occurrence of traffic accidents;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a estimate of signal apparatus, etc., written estimate of general repair expenses, and written diagnosis;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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